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  #1  
Old 03-07-2011, 10:26 PM
ibensg ibensg is offline
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revoke after the decree???

can an adoption be revoked after getting the adoption decree? can the biodad just change his mind? I don't know why but I'm so paranoid....the decree was signed over 2 weeks ago and I keep expecting something to happen to ruin it all....is it possible? or just me being paranoid?
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  #2  
Old 03-08-2011, 07:16 AM
Dickons Dickons is offline
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After an adoption has been finalized and if both parents signed surrendering the rights to parents - the only way was if they can PROVE fraud or they were coerced to sign which is exceedingly hard to do.

If you believe everyone was treated correctly then relax.

Kind regards,
Dickons
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  #3  
Old 03-08-2011, 07:35 AM
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wcurry66 wcurry66 is offline
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I had the same feelings too! its totally normal. You spend forever waiting for the other shoe drop. it makes it hard to accept you're free
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  #4  
Old 03-08-2011, 08:09 PM
ibensg ibensg is offline
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oh yes I think that's what I am doing...just waiting for something to happen....The bio dad is a *&*&^%$^&(*&^%%R%&&&&,,,,,lol and made our life a living hell....and now I just can't accept that we are free from it and I'm honestly having anxiety attacks from thinking of it....For 5 years this man terrorized us with his threats and being free, finally is just too unreal for me...I keep thinking..."he will find a way "...it will never end.....but... I have read that for 6 months after you receive your final decree, the bio parents can change their mind....but if that's true...then why have the 7 days after they sign TPR to change their mind? I'm in NC...does anyone know this for sure? I mean why give them 2 chances to change their minds....???
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Old 03-09-2011, 05:53 AM
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wcurry66 wcurry66 is offline
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her's the pertinent part of NC adoption law

For non-contested TPR, there is a 7 day revocation perion. For a contested TPR, they have 30 days to appeals (with a couple exceptions of broken process.. see below)

NONCONTESTED:
North Carolina Adoption Laws, Page 3
Revocation of Consent
Citation: Gen. Stat. 48-3-607; 48-3- 608; 48-3-609
A consent is final and irrevocable except under a circumstance set forth below.
A consent to the adoption of any infant who is in utero or any minor may be revoked within 7 days following the day on which it is executed. The individual who gave the consent may revoke by giving written notice to the person specified in the consent.

In a direct placement, if a preplacement assessment is required, and if placement occurs before the preplacement assessment is given to the parent or guardian who is placing the minor, then that individual's time to revoke any consent previously given shall be either 5 business days after the date the individual receives the preplacement assessment or the remainder of the 7 days, whichever is longer.

If a person revokes a consent, the prospective adoptive parent shall, immediately upon request, return the minor to that person.

If a person revokes consent, the adoption cannot proceed until another consent is obtained or the person's parental rights are terminated. A second consent to adoption by the same adoptive parents is irrevocable.

A consent shall be void if:

Before the entry of the adoption decree, the individual who executed the consent establishes by clear and convincing evidence that it was obtained by fraud or duress.
The prospective adoptive parent and the individual who executed the consent mutually agree in writing to set it aside.
The petition to adopt is voluntarily dismissed with prejudice.
The court dismisses the petition to adopt and no appeal has been taken, or the dismissal has been affirmed on appeal and all appeals have been exhausted.


CONTESTED:
GS_7B-1001


7B‑1001. Right to appeal.

(a) In a juvenile matter under this Subchapter, appeal of a final order of the court in a juvenile matter shall be made directly to the Court of Appeals. Only the following juvenile matters may be appealed:

(1) Any order finding absence of jurisdiction.

(2) Any order, including the involuntary dismissal of a petition, which in effect determines the action and prevents a judgment from which appeal might be taken.

(3) Any initial order of disposition and the adjudication order upon which it is based.

(4) Any order, other than a nonsecure custody order, that changes legal custody of a juvenile.

(5) An order entered under G.S. 7B‑507(c) with rights to appeal properly preserved as provided in that subsection, as follows:

a. The Court of Appeals shall review the order to cease reunification together with an appeal of the termination of parental rights order if all of the following apply:

1. A motion or petition to terminate the parent's rights is heard and granted.

2. The order terminating parental rights is appealed in a proper and timely manner.

3. The order to cease reunification is assigned as an error in the record on appeal of the termination of parental rights.

b. A party who is a parent shall have the right to appeal the order if no termination of parental rights petition or motion is filed within 180 days of the order.

c. A party who is a custodian or guardian shall have the right to immediately appeal the order.

(6) Any order that terminates parental rights or denies a petition or motion to terminate parental rights.

(b) Except for orders covered in subdivision (a)(5) of this section, notice of appeal shall be given in writing by a proper party as defined in G.S. 7B‑1002 and shall be made within 30 days after entry and service of the order in accordance with G.S. 1A‑1, Rule 58. Notice of appeal for orders covered in subdivision (a)(5) of this section shall be given in writing by a proper party as defined in G.S. 7B‑1002.

(c) Notice of appeal shall be signed by counsel for the appealing party, if any, and shall be taken only by following direct instruction of the appealing party after the conclusion of the proceeding. In the case of an appeal by a juvenile, notice of appeal shall be signed by the guardian ad litem attorney advocate. (1979, c. 815, s. 1; 1998‑202, s. 6; 1999‑456, s. 60; 2001‑208, s. 25; 2001‑487, s. 101; 2005‑398, s.
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  #6  
Old 03-09-2011, 09:23 PM
ibensg ibensg is offline
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Thank you...the tpr was non contested...they both signed freely....I guess my biggest fear is just being paranoid that somehow SOMETHING will happen....Is there a 6 month waiting period after the final decree? I have the decree...it is final...but not in my crazy paranoid mind yet.... and its driving me crazy...honestly
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  #7  
Old 03-10-2011, 05:52 AM
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wcurry66 wcurry66 is offline
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only the 7 day. You're free and clear, baby
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Nov 5, 2009 - princess moves in
Jan 14, 2010 - TPR, OA signed
Aug 5, 2010 - FINALIZATION

If you want to keep your memories, you first have to live them. Bob Dylan
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  #8  
Old 03-10-2011, 07:00 AM
Dickons Dickons is offline
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Wcurry,

Don't they hold off scheduling the ADOPTION until all revocation/appeal time periods have passed? Pretty sure they would wait until the child was completely legally free for adoption...

D
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  #9  
Old 03-10-2011, 07:32 AM
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wcurry66 wcurry66 is offline
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Dickons - yep.. you're right
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Nov 5, 2009 - princess moves in
Jan 14, 2010 - TPR, OA signed
Aug 5, 2010 - FINALIZATION

If you want to keep your memories, you first have to live them. Bob Dylan
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  #10  
Old 03-11-2011, 05:07 AM
ibensg ibensg is offline
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Thank you all...I know its just nerves. We've been through so much and with so much fear and anxiety, I think I'm just being overly cautious and paranoid. I can not believe its FINALLY over. The process aged me...lol. To all continuing to go through this, I wish you the very best...hang in there....Blessings to all
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